(영문) 서울중앙지방법원 2017.03.23 2016노4905

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.03.23 2016노4905

절도

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. According to CCTV video that was submitted as evidence of the gist of the grounds for appeal, the court below found the defendant not guilty even if the defendant sufficiently recognized the defendant's theft of the victim's goods as stated in the facts charged, such as the defendant's theft of the victim's goods, and the judgment of the court below affected the conclusion of the judgment.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor made an application for permission to amend an amendment to an indictment, which adds “one 500 won per 50 won per 1 and one 500 won per 50 won per 500 won per 1” to “one son per 500 won per 50 won per 1” among the facts charged by the prosecutor, and since this court permitted this and changed its subject to the judgment, the judgment of the court below was no longer maintained.

Although there are such reasons for ex officio reversal, the revised facts charged is merely an addition of stolen goods by the defendant, and the prosecutor's assertion of mistake as to the above facts is still subject to deliberation. Therefore, this is examined.

B. In a criminal trial for determining the assertion of mistake of facts, the finding of guilt ought to be based on evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach such a degree as to have such conviction, the determination ought to be based on the defendant’s benefit even if there is suspicion of guilt.

According to CCTV images submitted by the Defendant’s head of the theft crime of this case, the victim’s head of the theft crime of this case was revealed that the Defendant met for about 10 minutes in the vicinity of the victim who was in possession of the subway wave, and the Defendant was aware of about 10 seconds towards the victim’s body.

유사 판례

-서울중앙지방법원 2016.11.24 2016고단5508

-인천지방법원 2019.02.14 2018노3047

-서울남부지방법원 2016.09.09 2016고정130

-울산지방법원 2016.04.01 2015노1214

-인천지방법원 2018.02.09 2016고합408 (1)